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Assignmenvof Errors

court, assignment and appellate

ASSIGNMENVOF ERRORS. The state ment of the case of the plaintiff in error, on a writ of error, setting forth the errors com plained of.

It corresponds with the declaration in an ordinary action ; 2 Tidd, Pr. 1168; 3 Steph. Com. (11th ed.) 623. All the errors of which the plaintiff complains should be set forth and assigned in distinct terms, so that the defendant may plead to them ; Newnan v. Pryor, 18 Ala. 186 ; Reynolds v. Reynolds, 15 Conn. 83; Adams v. Munson, 3 How. (Miss.) 77.

It is an essential part of the pleadings and as such should be so complete in itself as to show the basis of the judgment or decree of the appellate court, since after the cause iS disposed of and the record remitted to the court below, the precipe, assignment of er rors and pleas thereto are all that usually remain of record ; In re Cessna's Estate, 192 Pa. 14, 43 Atl. 376.

The ruling of a trial court must be speci fied in the assignment, in order to question it on appeal ; Line v. State, 131 Ind. 468, 30 N. E. 703 ; as where no errors are assigned in the record, no question is presented for the appellate court for review ; Wilcox V.

Moore, 44 Ill. App. 293; Fullerton's Estate, 146 Pa. 61, 23 MI. 321; Patrick Red Sand stone Co. v. Skoman, 1 Colo. App. 323,. 29 Pac. 21; Hawkins v. McDougal, 126 Ind. 544, 25 N. E. 708. Errors not assigned will not usually be considered by an appellate court. But the United States Circuit Court of Ap peals will notice plain error though not as signed; City of Memphis v. R. Co., 183 Fed: 529, 106 C. C. A. 75. Alleged errors of law will not be considered unless contained in the assignment of errors, where on the whole the facts justify the judgment; Behn, M. & Co. v. Campbell, 205 U. S. 403, 27 Sup. Ct. 502, 51 L. Ed. 857.

The term is commonly used in connection with appeals in cases in equity. Under the federal appellate practice, it is necessary to file an assignment of error with the petition for an appeal.